EMSPIRE PRIVACY POLICY

THIS PRIVACY POLICY IS INTENDED TO INFORM YOU ABOUT HOW WE TREAT PERSONAL INFORMATION THAT WE PROCESS ABOUT YOU. IF YOU DO NOT AGREE TO ANY PART OF THIS PRIVACY POLICY, THEN WE CANNOT PROVIDE THE  EMSPIRE WEBSITE OR SERVICES TO YOU, AND YOU ARE REQUIRED TO STOP ACCESSING THE  EMSPIRE WEBSITE AND DEACTIVATE YOUR EMSPIRE ACCOUNT IMMEDIATELY.

  1. DEFINITIONS.  Where the definition of a term does not appear in this Privacy Policy (such as “Content,” “Services” etc.), it shall be given its definition as outlined in our Terms of Service.  “Affiliates” means companies related by common ownership or control. They can be financial and non-financial companies.  “Aggregated Information” means information about all of our users or specific groups or categories of users that we combine together so that it no longer identifies or references an individual user.  “Data Controller” means Emspire, the company responsible for the use and processing of Personal Information.  “Third Parties” means companies or persons not related by common ownership or control (i.e., non-affiliates) or other unrelated individuals. Third Parties can be persons other than you and Emspire.  “Personal Information” means information (which may include sensitive information) relating to an individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of the Data Controller.

  2. WHAT TYPES OF INFORMATION DOES EMSPIRE GATHER ABOUT ITS USERS?
    1.  Information that you give us
      We receive, store and process information, including Personal Information, that you make available to us when accessing or using the Emspire Website and/or Services. Examples include when you:

      1. fill in any form on the  Emspire Website, such as when you register or update the details of your user account, or when you supply ID and other verification information;
      2. access or use the  Emspire Website, such as to search for or post Accommodations, make or accept bookings, post comments or reviews, or communicate with other users;
      3. communicate with Emspire; and
      4. share information with another Member.

    2. Information we get from your use of our Emspire Website
      We also receive, store and process information, possibly including Personal Information, when you access or use our  Emspire Website and Services, including but not limited to:
      1. Mobile Data. When you use certain features of the  Emspire Website, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. GPS-based functionality on mobile devices used to access the  Emspire Website or specific features of the  Emspire Website). If you access the  Emspire Website through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
      2. Contact Information.  You may use your contact information, such as your email address or phone number to create or customize your account or to enable certain account features, for example, for login verification. If you provide us with your email address or phone number, you agree to receive emails to that email address or text messages to that phone number, as the case may be. We may use your contact information to send you information about our  Emspire Website and Services, to market to you, and to help prevent spam, fraud, or abuse.
      3. Log Data.  We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the  Emspire Website, regardless of whether you are registered with Emspire or logged in to your Emspire Account, such as your IP Address, the date and time you access or use the  Emspire Website, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, device event information, pages viewed and the order of those pages, and the amount of time spent on particular pages.
      4. Cookies and other Tracking Technologies.  Emspire uses cookies and other similar technologies, such as mobile application and other device identifiers, on the  Emspire Website. We may also allow our business partners to use their cookies and other tracking technologies on the  Emspire Website. As a result, when you access or use the  Emspire Website, you will provide or make available certain information to us and to our business partners.  While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for Emspire services on Third-Party  Emspire Websites such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.  We may, either directly or through Third Parties we engage to provide services to us, also continue to track your behavior on our own.  Emspire Website for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the  Emspire Website and pay for your activities on the  Emspire Website. We may also, either directly or through Third-Parties we engage to provide services to us, track your behavior on our own  Emspire Website to market and advertise our services to you on the  Emspire Website and Third-Party websites. Third Parties that use cookies and other tracking technologies to deliver targeted advertisements on our  Emspire Website and/or Third-Party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups. You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on or about the  Emspire Website – it just will not be tailored to your interests. In addition, if you disable cookies, you may lose some of the features and functionality of using our  Emspire Website, Application and Services, as cookies are necessary to track and enhance your use and access.  Third Parties may not collect information about users’ online activities on the  Emspire Website except as described in this policy and our Cookie Policy.
  3. HOW EMSPIRE USES AND PROCESSES THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE
    1. We use, store and process information about you for the following general purposes:
      1. to enable you to access and use the  Emspire Website;
      2. to enable you to communicate with other Members, including but not limited to by sending them messages or other information during the Booking process;
      3. to operate, protect, improve and optimize the  Emspire Website, Emspire’s business, and our users’ experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and to provide customer service;
      4. to help create and maintain a trusted and safer environment on the  Emspire Website and Services, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing our Terms and policies, verifying the address of your listings, verifying any identifications provided by you (including by comparing the photo on that identification to another photo you provide to us), and conducting checks against databases and information sources (such as but not limited to public government databases) for fraud detection and prevention, risk assessment and harm prevention purposes. In this regard, we may do any or all of the foregoing with or without further notifying you;
      5. to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
      6. to send you marketing, advertising, and promotional messages and other information that may be of interest to you, including information about Emspire, our services, or general promotions for partner campaigns and services. You can unsubscribe or opt-out from receiving these communications in your settings (in the “Account” section) when you login to your Emspire Account;
      7. to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with Third Parties.
    2. How Emspire Uses and Processes User Communications
      We may, either directly or through Third-Parties we engage to provide services to us and/or to you, review, scan, or analyze your communications with other users exchanged via the  Emspire Website for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the  Emspire Website may scan and analyze messages and attachments to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Guests to send them money outside of the  Emspire Website, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending Third-Party marketing messages to you. We will also not sell these reviews or analyses of communications to Third Parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the  Emspire Website, you consent that Emspire, in its sole discretion, may, either directly or through Third-Parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
  4. WHEN EMSPIRE DISCLOSES OR SHARES YOUR PERSONAL INFORMATION, AND TO WHOM

    IMPORTANT: When you use the  Emspire Website, your data may be sent to the United States and possibly other countries in accordance with this Privacy Policy.

    We may transfer, store, use and process your information, including any Personal Information, to countries outside of the United States. By using the  Emspire Website, you consent to transferring your data to these countries. Please note that laws vary from jurisdiction to jurisdiction, and so laws and regulations relating to privacy and data disclosure, applicable to the places where your information is transferred to or stored, used or processed in, may be different from the laws and regulations applicable to the place where you are resident.

    Emspire may provide your Personal Information to its Affiliates and their employees, to use and process your Personal Information in the same way and to the same extent that we are permitted to under this Privacy Policy. These related entities comply with the same obligations that we have to protect your Personal Information under this Privacy Policy.

    You can unsubscribe or opt-out from receiving marketing communications in your settings (in the “Account” section) when you login to your Emspire account.

    We may also engage Third Parties, who may be located outside of the United States, to provide services to us, including but not limited to technology services and services to help verify your identification, to help match the photo on your ID to other photos of yourself you send to us, to conduct checks against databases such as but not limited to public government databases (where legally allowed), to otherwise assist us with fraud prevention and risk assessment, to assist us with customer service, to serve targeted ads, and to facilitate the payments or reimbursements you request (e.g., Square). We may provide Personal Information about you to these Third Parties, or give them access to this Personal Information, for the limited purpose of allowing them to provide these services.

    You acknowledge, consent and agree that Emspire may access, preserve and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary (a) to respond to claims asserted against Emspire; (b) to comply with legal process (for example, subpoenas and warrants), including legal process associated with national security and law enforcement; (c) to enforce and administer our agreements with users, such as the Terms of Service and this Privacy Policy; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Emspire, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:

    1. providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or
    2. we believe that providing notice would (a) be futile, (b) be ineffective, or (c) would create a risk of injury or bodily harm to an individual or group, or (d) create or increase a risk of fraud upon Emspire’s property, its Members, the  Emspire Website, Application, or Services (collectively, “Risk Scenarios”).

      In instances where Emspire complies with legal requests for user data without notice to the user for the reasons described above, Emspire will use commercially reasonable efforts to notify that user about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so and that no Risk Scenarios apply.  We may also publish, disclose and use Aggregated Information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

  5. STATE PRIVACY LAWS
    As applicable, Emspire Payments will not share information it collects about you with Affiliates or Third Parties, except as required or permitted by your state’s law.
  6. BUSINESS TRANSFERS BY EMSPIRE
    If Emspire undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy
  7. HOW TO ACCESS, CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR EMSPIRE ACCOUNT
    You may review, update, correct or delete the Personal Information in your Emspire Account. If you would like to correct your information or cancel your Emspire Account entirely, you can do so by logging in to your Emspire Account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the  Emspire Website in association with your first name, even after your Emspire Account is cancelled.
  8. SECURING YOUR PERSONAL INFORMATION
    We use commercially reasonable administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the security of your transmissions to us and of your Personal Information that we store and you agree that we shall not be liable to you or to any third party for the unauthorized disclosure of your information.
  9. YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES
    The  Emspire Website will contain links to other websites not owned or controlled by Emspire. Emspire does not have any control over Third-Party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit and act as you deem appropriate.  
  10. CHANGES TO THIS PRIVACY POLICY
    We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion. We may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you by posting the changed Privacy Policy on the  Emspire Website. We will also update the “Last Updated” date at the top of this Privacy Policy. It is important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the  Emspire Website and Services to you, and your only option will be to stop accessing the  Emspire Website and Services and deactivate your Emspire Account. You can find out more about how to deactivate your Emspire Account at
    www.emspire.com.
  11. GOT FEEDBACK?
    Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at info@emspire.com. For all other questions or concerns, please contact us at www.emspire.com.
  12. SPECIFIC LIMITATION OF LIABILITY FOR BREACH OF PRIVACY POLICY.

    OUR LIABILITY FOR BREACH OF THIS PRIVACY POLICY SHALL BE STRICTLY LIMITED IN THE MANNER SET FORTH IN THE EMSPIRE TERMS OF USE, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE.
  13. FOR USERS RESIDING IN THE EU AND JAPAN ONLY: YOUR RIGHTS TO REVIEW AND UPDATE INFORMATION
    If you reside in the EU or Japan, you may request in writing copies of your Personal Information held by us. We will provide you with a copy of the Personal Information held by us as soon as practicable and in any event not more than 40 days after receiving a valid request in writing. There may be a charge to access your personal data. We may also request proof of identification to verify your access request. 
  14. FOR USERS RESIDING IN THE EU: YOUR RIGHT TO SEE AND CHALLENGE INFORMATION PROVIDED TO US BY THIRD PARTIES
    You are entitled to see and challenge any information that Third Parties may provide to us as part of our fraud detection, prevention and risk assessment efforts in circumstances where all of the following factors apply: (i) if we use Third Parties to carry out automated checks or risk assessments, and (ii) if we make a decision which has legal consequences for you or which significantly affects you, and (iii) if such decision is based solely on such automated checks or risk assessments.
  15. COOKIE POLICY

    What are cookies?
    Cookies are simple text files that are stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers.

    What types of cookies do we use?
    Necessary cookies
    Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account to access the content.

    Functionality cookies
    Functionality cookies let us operate the site in accordance with the choices you make. For example, we will recognize your username and remember how you customized the site during future visits.

    Analytical cookies
    These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.

    How to delete cookies?

    If you want to restrict or block the cookies that are set by our website, you can do so through your browser setting. Alternatively, you can visit www.internetcookies.org, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.

    Contacting us
    If you have any questions about this cookie policy or our use of cookies, please contact us.